TELEGRAPH LINES UPON; see Transportation Corporations Law, § 102. TRAVELLERS UPON, ATTACKED BY DOGS; see County Law, § 125. STREET COMMISSIONERS; see Villages, § 23, 34, 236. Bridges. ACROSS CANALS; see Canal Law, §§ 111-118, 176. CHANGING GRADE OF, IN VILLAGES; see Villages, §§ 132, 134. CONSTRUCTION OF, BY TELEGRAPH COMPANIES NOT AUTHORIZED; see Transportation Corporations Law, § 102. CONSTRUCTION OF, BY TOWNS AND VILLAGES; see Town Law, § 25; Villages, SS 111, 166. MECHANICS' LIENS FOR BUILDING AND REPAIRING; see Mechanics' Liens, §§ 30-55. RAILROADS; see Railroad Law, § 12, 49, 96, 206. SWING, LIGHTS ON; see Hudson River, § 4. TAXATION OF; see Tax Law, § 2, 54. See also Ferries; Town Law; Transportation Corporations Law. For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1801, Revised Acts, c. 186 (1 K. & R. 588); 2 R. L. 1813, c. 33, pp. 279-284, and L. 1817, c. 195. HILLSDALE, TOWN OF. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 38. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 67. HISTORICAL SOCIETIES. 1 May hold battle sites, etc. Any historical society in this state is hereby authorized to have and hold for the purposes of enclosure, preservation and the erection of monuments, but under no circumstances for the purposes of business, the sites of old forts and battles, not to exceed six acres in one locality, and when such sites have been so appropriated and improved, and used for such purposes only, they shall be exempt from taxation; and to receive donations of articles of historic interest on the condition that it shall not dispose of the same except with the consent of the donor, and that in case of its dissolution or inability to pay its debts otherwise than from its effects the said articles shall revert to the donors or their heirs. But nothing herein contained shall be construed as authorizing the charging of any fee for the exhibition of such enclosure or structure by such historical society or their agents. L. 1879, c. 203, § 1. 2 The appropriation by any historical society of this state of any real property for the purpose of enclosure, preservation, and the erection of monuments, is hereby declared to be for the public use. In case any such society desiring to acquire lands which it is by section one of this act authorized to have and hold, can not agree with the owners and occupants of such lands for the purchase thereof, such society is authorized to acquire title to the same by condemnation, and the proceedings for that purpose shall be taken in the manner prescribed in title one of chapter twenty-three of the code of civil procedure known as "the condemnation law." Id., § 2, added by L. 1896, c. 681. BY PUBLIC OFFICERS: see Actions, §§ 50-58; Crimes, §§ 28, 29; Public Officers Law, § 5. BY TENANTS; see Real Property Law, §§ 199, 200; Summary Proceedings; Tenants. HOLIDAYS. CONVICTS NOT TO BE DISCHARGED ON; see Prisons. § 161. COURTS NOT TO BE HELD ON; see New York, § 102. DISCHARGING FIRE-ARMS UPON; see Disorderly Persons, § 6. ENUMERATED; see Bills, etc., § 25; Statutory Construction Law, § 24. WHEN EXCLUDED IN COMPUTING TIME FOR SERVICE OF PAPERS, ETC.; see Statutory Con struction Law, § 27. FORECLOSURE SALES NOT TO BE HELD ON; see Foreclosure, etc., § 7. INSPECTION OF CERTAIN RECORDS NOT TO BE HAD ON; see Insurance Law, § 265. OFFICES CLOSED ON; see Bills, etc., § 25; County Law, §§ 165, 184. PAPERS NOT TO BE SERVED ON; see Transportation Corporations Law, § 137. NOT TO AFFECT REGISTRATION DAYS; see Election Law, § 34. HOLLAND LAND COMPANY. See Real Property Law, § 259. HOLLAND, TOWN OF. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 65. HOMER, TOWN OF. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 54. HOMES. FOR AGED; See Religious Corporations Law, §§ 5a-6. CHILDREN DESTITUTE OF; see Children, § 47. FOR AGED, DEcrepit, and FEEBLE-MINDED PERSONS; see State Charities Law, §§ 83a-83e. HOME FOR SOLDIERS AND SAILORS; see Public Buildings Law, §§ 40–43. NEW YORK STATE HOME FOR THE AGED, DEPENDENT VETERANS, ETC.; see Public Buildings Law, §§ 50-57. HOMESTEAD. EXEMPTED FROM EXECUTIONS; see Executions, §§ 36–43; Tax Law, § 4. Note. Companies and associations for building homesteads were formerly to be incorporated under L. 1851, c. 122; L. 1875, c. 564; L. 1872, c. 820; L. 1881, c. 351, and L. 1871, c. 535. (See Birdseye's R. S., 1st ed., pp. 342, 346, 354, 357, and 1884 et seq.) HOMICIDE. 1 Definition. Homicide is the killing of one human being by the act, procurement or omission of another. Pen. Code, § 179. 45 N. Y. 213; 49 Hun, 432; 68 id. 11; 52 N. Y. St. R. 240; 3 N. Y. Supp. 565; 22 id. 641. 2 Different kinds of homicide. Homicide is either 1. Murder; 2. Manslaughter; 3. Excusable homicide; or, 4. Justifiable homicide. Pen. Code, § 180. 53 N. Y. 164; 1 Hill, 377; 3 N. Y. Supp. 565; 70 N. Y. St. R. 172. 3 Facts to be proved. No person can be convicted of murder or manslaughter unless the death of the person alleged to have been killed and the fact of killing by the defendant, as alleged, are each established as independent facts; the former by direct proof and the latter beyond a reasonable doubt. Pen. Code, § 181, as am'd L. 1882, c. 384. 3 C. H. Rec. 45, 137; 18 N. Y. 179, rev'g 3 Park. 401; 42 N. Y. 1; 49 id. 147; 109 id. 110; 3 Park. 199; 7 Crim. Rep. 146; 45 Hun, 422; 46 id. 479; 78 id. 326; 42 N. Y. St. R. 311; 60 id. 754; 11 id. 817; 12 id. 795; 15 id. 78; 17 N. Y. Supp. 148. 4 Common law petit treason is homicide. The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason are abolished; and those homicides are punishable, when not justifiable or excusable, as prescribed by this code. Pen. Code, § 182. 5 Murder in first degree. The killing of a human being unless it is excusable or justifiable. is murder in the first degree, when committed, either: From a deliberate and premeditated design to effect the death of the person killed, or of another; or, By an act imminently dangerous to others and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or When perpetrated in committing the crime of arson in the first degree. Pen. Code, § 183, as am'd L. 1882, c. 384. 1 Edm. S. C. 307, 582, 594; 7 N. Y. 385, 396; 50 id. 598; 10 id. 120; 53 id. 164; 115 id. 196, 520; 143 id. 383; 145 id. 628; 42 id. 270, aff'g 55 Barb. 551; 45 N. Y. 213, aff'g 5 Lans. 261; 37 N. Y. 413, aff'g 49 Barb. 122; 64 N. Y. 485, aff'g 6 Hun, 493; 67 N. Y. 218; 78 id. 492, aff'g 18 Hun, 487; 80 N. Y. 500, aff'g 19 Hun, 430; 97 N. Y. 62, rev'g 33 Hun, 120; 103 N. Y. 360; 110 id. 134; 6 Park. 15; 4 id. 344, 619; 2 id 28; 1 id. 39, 154; 48 Barb. 274; 50 id. 266; 4 Wend. 229; 24 id. 520; 19 id. 569; 1 Hill, 377; 1 Wh. Cr. C. 269; 2 id. 242; 13 Abb. Pr. N. S. 370; 2 C. H. Rec. 77, 164; 2 Keycs, 424, aff'g 54 Barb. 319; 3 C. H. Rec. 45; 62 N. Y. 229, aff'g 4 Hun, 16; 50 How. Pr. 204; 49 id. 392; 2 N. Y. Cr. R. 109, 450, 457; 4 id. 358; 3 id. 424; 7 id. 311; 41 Hun, 332; 45 id. 422; 33 id. 119; 26 id. 226; 62 N. Y. St. R. 349; 3 N. Y. Supp. 565. 6 Same: in second degree. Such killing of a human being is murder in the second degree, when committed with a design to effect the death of the person killed, or of another, but without deliberation and premeditation. Pen. Code, § 184. 49 Barb. 217; 1 Park. 659. 7 Same: duel fought out of this state. A person who, by previous appointment made within the state, fights a duel without the state, and in so doing inflicts a wound upon his antagonist, whereof the person injured dies; or who engages or participates in such a duel, as a second or assistant to either party, is guilty of murder in the second degree, and may be indicted, tried and convicted in any county of this state. Pen. Code, § 185. 3 C. H. Rec. 139. 8 Punishment of murder in first degree. Murder in the first degree is punishable by death. Pen. Code, § 186. 27 N. Y. 346, aff'g 5 Park. 414; 5 Park. 364. 9 Punishment of murder in second degree. Murder in the second degree is punishable by imprisonment for the offender's natural life. Pen. Code, § 187. 10 Manslaughter. In a case other than one of those specified in the sections 183, 184, and 185, homicide, not being justifiable or excusable, is manslaughter. Pen. Code, § 188. 1 Edm. S. C. 180, 594; 5 C. H. Rec. 52; 6 id. 9, 59; 3 id. 145; 1 Park. 291; 2 id. 16, 223; 6id. 629; 4 id. 35, 514, 619; 3 id. 377; 2 Wh. Cr. C. 47; 49 N. Y. 86; 110 id. 309, 316; 50 How. Pr. 204; 2 N. Y. Cr. R. 109, 113; 3 N. Y. Supp. 565; 69 id. 195. 11 Same, in first degree. Such homicide is manslaughter in the first degree, when committed without a design to effect death, either 1. By a person engaged in committing, or attempting to commit, a misdemeanor, affecting the person or property, either of the person killed, or of another; or 2. In the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon. Pen. Code, § 189. 1 Park. 659; 3 id. 377; 4 id. 35; 2 id. 223; 6 id. 629; 10 N. Y. Leg. Obs. 298; 10 N. Y. 120; 19 Wend. 569; 2 Crim. Rep. 276; 68 Hun, 11; 8 Misc. 152; 52 N. Y. St. R. 240; 59 id. 463, 754; 69 id. 196; 1 N. Y. Supp. 704; 22 id. 267, 634. 12 Killing unborn quick child. The willful killing of an unborn quick child, by any injury committed upon the person of the mother of such child, is manslaughter in the first degree. Pen. Code, § 190. 49 N. Y. 86. 13 Giving drugs, etc., to produce miscarriage. A person who provides, supplies, or administers to a woman, whether pregnant or not, or who prescribes for, or advises or procures a woman to take any medicine, drug or substance, or who uses or employs, or causes to be used or employed, any instrument or other means, with intent thereby to procure the miscarriage of a woman, unless the same is necessary to preserve her life, in case the death of the woman, or of any quick child of which she is pregnant, is thereby produced, is guilty of manslaughter in the first degree. Pen. Code, § 191. 49 N. Y. 86; 56 id. 101; 22 Hun, 525; 17 N. Y. Supp. 148; 7 Crim. Rep. 292. 14 Manslaughter in the first degree is punishable by imprisonment for a term not exceeding twenty years. Pen. Code, § 192, as am'd L. 1892, c. 662. 15 Manslaughter in second degree. Such homicide is manslaughter in the second degree, when committed without a design to effect death, either 2 Wh. Cr. C. 47; 7 N. Y. 396; 1 Park. 291, 659; 2 id. 16; 4 id. 35, 619; 1 Edm. S. C. 594; 5 C. H. Rec. 141; 1 Wh. Cr. C. 253; 15 How. Pr. 560; 36 Hun, 130; 47 id. 325; 3 C. H. Rec. 145; 57 N. Y. St. R. 42. 1. By a person committing or attempting to commit a trespass, or other invasion of a private right, either of the person killed, or of another, not amounting to a crime; or 2. In the heat of passion, but not by a dangerous weapon or by the use of means either cruel or unusual; or 3. By any act, procurement or culpable negligence of any person, which, according to the provisions of this chapter,* does not constitute the crime of murder in the first or second degree, nor manslaughter in the first degree. Pen. Code, § 193, as am'd L. 1887, c. 23. 4 N. Y. Cr. R. 230; 3 id. 276; 6 id. 151; 74 Hun, 474; 47 id. 491; 26 N. Y. Supp. 694; 69 N. Y. St. R. 200; 14 id. 415; 57 id. 42; 103 N. Y. 487. 16 Woman taking drugs, etc., to produce miscarriage. A woman quick with child, who takes or uses, or submits to the use of any drug, medicine, or substance, or any instrument or other means with intent to produce her own miscarriage, unless the same is necessary to preserve her own life, or that of the child whereof she is pregnant, if the death of such child is thereby produced, is guilty of manslaughter in the second degree. Pen. Code, § 194. 17 Causing death by negligence, etc. A person who, by any act of negligence or misconduct in a business or employment in which he is engaged, or in the use or management of any machinery, animals, or property of any kind, intrusted to his care, or under his control, or by any unlawful, negligent or reckless act, not specified by or coming within the foregoing provisions of this chapter,* or the provisions of some other statute, occasions the death of a human being, is guilty of manslaughter in the second degree. Pen. Code, § 195. 6 N. Y. 397, 409; 103 id. 487, aff'g 4 N. Y. Cr. R. 230; 5 N. Y. Cr. R. 70. 18 Owner of animal which kills human being. If the owner of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, and not confined, kills a human being, who has taken all the precautions which the circumstances permitted, to avoid the animal, the owner is guilty of manslaughter in the second degree. Pen. Code, § 196. 19 Death caused by overloading vessel. A person navigating a vessel for gain, who willfully or negligently receives so many passengers or such a quantity of other lading on board the vessel, that, by means thereof, the vessel sinks, or is overset or injured, and thereby a human being is drowned, or otherwise killed, is guilty of manslaughter in the second degree. Pen. Code, § 197. 20 By reckless management of steamboat. A person having charge of a steamboat used for the conveyance of passengers, or of a boiler or engine thereof, who, from ignorance, recklessness, or gross neglect, or for the purpose of excelling any other boat in speed, creates, or allows to be created, such an undue quantity of steam as to burst the boiler, or other apparatus in which it is generated or contained, or to break any apparatus or machinery connected therewith, whereby the death of a human being is occasioned, is guilty of manslaughter in the second degree. Pen. Code, § 198. 21 By reckless management of steam engine. An engineer or other person, having charge of a steam boiler, steam engine, or other apparatus for generating or applying steam, employed in a boat or railway, or in a manufactory, or in any mechanical works, who willfully, or from ignorance or gross neglect, creates, *This subject. or allows to be created, such an undue quantity of steam as to burst the boiler, engine or apparatus, or to cause any other accident, whereby the death of a human being is produced, is guilty of manslaughter in the second degree. Pen, Code, $199. See Steam. 22 By act of physician or surgeon while intoxicated. A physician or surgeon, or person practicing as such, who, being in a state of intoxication, without a design to effect death, administers a poisonous drug or medicine, or does any other act as a physician or surgeon, to another person, which produces the death of the latter, is guilty of manslaughter in the second degree. Pen. Code, § 200. 23 By explosion of powder, etc., made or kept contrary to law. A person who makes or keeps gunpowder or any other explosive substance within a city or village, in any quantity or manner prohibited by law, or by ordinance of the city or village, if any explosion thereof occurs, whereby the death of a human being is occasioned, is guilty of manslaughter in the second degree. Pen. Code, § 201. 24 Manslaughter, second degree. Manslaughter in the second degree is punishable by imprisonment for a term not exceeding fifteen years, or by a fine of not more than one thousand dollars, or by both. Pen. Code, § 202, as am'd L. 1892, c. 662. 25 Excusable homicide. Homicide is excusable when committed by accident and misfortune, in lawfully correcting a child or servant, or in doing any other lawful act, by lawful means, with ordinary caution, and without any unlawful intent. Pen. Code, § 203. 2 C. H. Rec. 164; 4 Park. 514; 69 N. Y. St. R. 195; 115 N. Y. 618. 26 Justifiable homicide. Homicide is justifiable when committed by a public officer, or a person acting by his command and in his aid and assistance, either 1. In obedience to the judgment of a competent court; or 2. Necessarily, in overcoming actual resistance to the execution of the legal process, mandate or order of a court or officer, or in the discharge of a legal duty; or 3. Necessarily, in retaking a prisoner who has committed, or has been arrested for, or convicted of a felony, and who has escaped or has been rescued, or in arresting a person who has committed a felony and is fleeing from justice; or in attempting by lawful ways and means to apprehend a person for a felony actually committed, or in lawfully suppressing a riot, or in lawfully preserving the peace. Pen. Code, § 204. 5 Park. 234; 21 Alb. L. J. 57; 69 N. Y. St. R. 194; 115 N. Y. 618. 27 Same: self-defense, etc. Homicide is also justifiable when committed, either 1. In the lawful defense of the slayer, or of his or her husband, wife, parent, child, brother, sister, master or servant, or of any other person in his presence or company, where there is reasonable ground to apprehend a design on the part. of the person slain to commit a felony, or to do some great personal injury to the slayer, or to any such person, and there is imminent danger of such design being accomplished; or 2. In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling or other place of abode in which he is. Pen. Code, § 205. 2 N. Y. 193; 7 id. 396; 115 id. 618; 45 id. 213, aff'g 5 Lans. 261: 4 Barb. 460; 46 id. 625; 54 id. 342; 2 Keyes, 360; 1 Park. 154; 4 id. 35; 5 id. 234; 1 Edm. S. C. 180; 68 Hun, 11; 56 id. 11; 52 N. Y. St. R. 241; 54 id. 589; 69 id. 194; 29 id. 121; 8 N. Y. Supp. 524; 22 id. 642. ASSAULT WITH INTENT TO KILL; see Assault, § 1. MANSLAUGHTER; see Prisons, § 179. MURDER; see Arrest, § 114; Insanity Law, § 180; Limitations, § 55; Prisons, § 179. |